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CIRCULAR No

CIRCULAR No. 03/1999/TT-BTM OF JANUARY 15, 1999 GUIDING THE IMPLEMENTATION OF THE PRIME MINISTER�S DECISION No.254/1998/QD-TTg OF DECEMBER 30, 1998 ON THE MANAGEMENT OF GOODS IMPORT AND EXPORT IN 1999

Pursuant to the provisions of the Prime Minister�s Decision No.254/1998/QD-TTg of December 30, 1998 on the management of goods import and export in 1999;

After consulting the Ministry of Planning and Investment as well as the relevant ministries and branches;

The Ministry of Trade hereby provides guidance for the implementation of the Prime Minister�s Decision No.254/1998/QD-TTg of December 30, 1998 as follows:

I. LISTS OF EXPORT AND IMPORT GOODS

+ A list of goods banned from export and import (Appendix 1)

+ A list of goods to be exported and imported under the Ministry of Trade�s permits (Appendix 2).

II. MANAGEMENT OF GOODS IMPORT AND EXPORT

The management of goods import and export in 1999 shall comply with the provisions of the Prime Minister�s Decision No.254/1998/QD-TTg of December 30, 1998, and the Ministry of Trade�s detailed guidance for the implementation of a number of points:

1. For rice export:

The rice export shall comply with the Prime Minister�s Decision No.250/1998/QD-TTg of December 24, 1998 and the Trade Ministry�s Circular No.22/1998/TT-BTM of December 30, 1998 on the management of rice export and fertilizer import in 1999.

2. The export of textiles and garments in 1999 to quota-regulated markets shall comply with the Government�s Document No.1126/CP-KTTH of September 21, 1998 and Joint Circular No.20/1998/TTLT/BTM-BKHDT-BCN of October 12, 1998 of the Ministry of Trade, the Ministry of Planning and Investment and the Ministry of Industry.

3. For rubber export:

After consulting the Ministry of Agriculture and Rural Development and the Vietnam Rubber Corporation, the Ministry of Trade shall issue detailed guidance therefor. In the immediate future, the current relevant regulations still apply.

4. For fertilizer import: It shall comply with the Prime Minister�s Decision No.250/1998/QD-TTg of December 24, 1998 and Circular No.22/1998/TT-BTM of December 30, 1998 of the Ministry of Trade.

5. For the import of components for assembling motorcycles in IKD form:

Domestic enterprises investing in the manufacture and assembly of motorcycles in IKD form shall be entitled to import IKD components, based on their production capacity, their investment licenses and in accordance with the provisions of Circular No.04/1998/TT-BTM of March 12, 1998 of the Ministry of Trade.

6. For import goods subject to specialized management:

Pending the Government�s approval of the 1999 list of import and export goods subject to specialized management, the import and export of those goods shall temporarily be effected as in 1998.

7. For the import of steel cast: Enterprises with steel-rolling establishments, which are certified by the Ministry of Industry as being qualified to manufacture and ensure products� quality, shall be entitled to import steel cast or authorized to import steel cast according to their production demands.

8. For liquor import:

The liquor import shall be effected through a number of major enterprises already assigned in 1998 by the Ministry of Trade under the provisions of Circular No.06/1998/TT-BTM of March 26, 1998.

9. For goods import and export in form of barter:

The Ministry of Trade shall, after consulting the Ministry of Planning and Investment, the State Bank and the General Department of Customs, issue a Regulation to encourage enterprises to export goods made mainly from domestic raw materials through goods exchange contracts, which may cover also a number of goods categories subject to conditional import.

10. For import goods with foreign currency demand to be balanced by the State such as petrol and oil, fertilizer, iron and steel, they shall be re-exported only when foreign parties ensure to repay in a freely-convertible foreign currency(ies) and such payment is approved by the Ministry of Trade. Those types of fertilizer, iron and steel produced in Vietnam shall be exported according to the customers� demands.

11. For import goods stated in the list provided for in Appendix 2 of this Circular, which are in 1998 not on the list of those temporarily banned from import or which do not require the Trade Ministry�s import permits, if the concerned enterprises sign import contracts before January 15, 1999, they shall be allowed to clear import procedures at customs offices according to the current regulations, provided that their goods arrive at Vietnamese borders by March 31st, 1999 at the latest.

12. In addition to the provisions of the Prime Minister�s Decision No.254/1998/QD-TTg of December 30, 1998 and detailed guidance in this Circular, the goods import and export shall be effected according to the 1998 demands and regulations.

III. IMPLEMENTATION PROVISIONS

- The goods import and export by foreign-invested enterprises shall comply with separate guidances.

- The Ministry of Trade requests the ministries, the ministerial-level agencies, the agencies attached to the Government, the People�s Committees of the provinces and centrally-run cities and the centrally-run agencies of mass organizations to notify enterprises under their respective management of this Circular�s contents so that the latter may be aware of and implement them and at the same time report to the Ministry of Trade the matters arising in the course of implementation for prompt readjustment

This Circular takes effect 15 days after its signing till March 31, 2000.

For the Minister of Trade

Vice Minister

LUONG VAN TU

APPENDIX I

LIST OF GOODS BANNED FROM EXPORT AND IMPORT

(Issued together with Circular No. 03/1999/TT-BTM of January 15, 1999 of the Ministry of Trade)

I. GOODS BANNED FROM EXPORT:

1. Weapons, ammunitions, explosives, military technical equipment

2. Antiques

3. Narcotics of all kinds

4. Toxic chemicals

5. Logs, sawed and peeled timber from domestic natural forest timbers; firewood, charcoal made from wood or firewood; semi-finished products made from domestic natural forest timbers, which are banned from export by Decision No.65/1998/QD-TTg of March 24, 1998 of the Prime Minister.

6. Wild animals, and natural animals and plants of rare and precious species.

II. GOODS BANNED FROM IMPORT:

1. Weapons, ammunitions, explosives (except for industrial explosives, which are subject to separate regulations of the Prime Minister), military technical equipment

2. Narcotics of all kinds

3. Toxic chemicals

4. Depraved and reactionary cultural products

5. Firecrackers of all kinds (except for signal fires of all kinds for maritime safety and other needs, which are subject to separate regulations of the Prime Minister). Children�s toys harmful to ethical education, social order and safety.

6. Cigarettes (except for personal use in prescribed quantity)

7. Used consumer goods (except for properties on transfer, including goods in service of personal needs of individuals with diplomatic titles of foreign countries and international organizations and personal effects in prescribed quantity)

8. Cars with right-hand drive (including those in knock-down forms and those with drives already switched before their import into Vietnam)

The import of specialized self-propelled means with right-hand drive that operate in narrow space, such as: cranes, diggers, dumpers, road sweepers, road-rollers, passenger transfer vehicles, forklifts in warehouses, ports... shall be decided by the Minister of Trade when there is a need to import them.

9. Used spare parts of automobiles, motorcycles and motor-tricycles, including chassis mounted with used car engines of different types

10. Asbestosis products of amphibole group

11. Internal combustion engines with acity of under 30 CV.

APPENDIX II

LIST OF GOODS IMPORTED UNDER THE TRADE MINISTRY�S PERMITS

(Issued together with Circular No. 03/1999/TT-BTM of January 15, 1999 of the Ministry of Trade)

Goods imported under permits:

1. Petrol and oil;

2. Motorcycles, motor-tricycles and components for complete assembly;

3. Electric fans for civil use;

4. Ceramic and granite walling and flooring tiles;

5. Porcelain consumer goods (including porcelain sanitation wares), glassware and ceramics;

6. Packs made of plastic finished products;

7. Motors and frames of motorcycles and motor-tricycles of various types in incomplete form;

8. Liquid caustic soda NaOH;

9. Bicycles;

10. Refined vegetable oil;

11. DOP;

12. Clinker;

13. Black cement;

14. Refined sugar and raw material sugar;

15. Automobiles:

- Tourist cars of 15 seats or under

- Passenger cars of 50 seats or under

- Cargo-cum-passenger cars

- Used ambulances

- Trucks of under 5 tons

16. Assorted steel of the following types:

- Construction smooth steel rods of f6 - 40 mm

- Construction barbed steel rods (stripped, nodded, twisted, veined) of f10 - 40 mm;

- V-angle and L-angle steel of f20 - 100 mm

- C (U)-shape, I- and H-shape steel of under 120 mm

- Welding steel pipes and tubes of various kinds: black or zinc-plated of f14 - 115 mm

- Bridge pig iron tubes

- Flat, zinc-plated steel sheets from 0.25 mm to 0.55 mm thick and up to 3,500 mm long, corrugated zinc-plated steel sheets and corrugated steel sheets plated with non-ferrous metals

- Assorted common wires: black and soft, black and hard, zinc-plated and barbed wires and B-40 steel grids.

17. Assorted paper:

- Newsprint;

- Writing and common printing paper (with surface not yet processed) weighing from 50g/m2 to 80g/m2;

- Flat paperboards and cartons (used to make packs) with anti-tearing degree of 3kgf/cm2 or under and degree of compression of 14kgf or under.

18. White glass of 1.5 mm - 7 mm: 300,000 m2 (the import quota of such type of glass shall be assigned by the Ministry of Construction to the Construction Glass and Ceramics Corporation so that the latter may balance the demand thereof for its consumption as well as for the supply to domestic mirror and reflector production establishments at the reasonable prices).

Note: Enterprises shall be allowed to sign contracts for the import of goods mentioned in Appendix 2 above only after obtaining permits from the Ministry of Trade.-